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HomeMy WebLinkAboutMiscellaneous - Lot B Great Pond Roadr El VaNance Speci.11 pp APPLICATION F!, ' ; iJ:.�- l %DECISION DU2 ON: i-o-� B Q, ,A gagn -d n 0 G �1+ t O p e £li Z91 'ON VG*n Ni 3avw GPJOJ.XO Leqal Notice t -6-f NORi-M ANDOVfR BOARD OF APPEALS " NOTICE� - 7�ORT4 May 20,1985 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evening, the 101h day of June 1985, at 7:30 o'clock, to all par- ties interested in the appeal of COOLIDGE CONSTRUCTION CO., INC. requesting a Special Permit under Section 4.133 Paragraph (d) of the Zoning By Law so as to permit the con- struction of a 'dwelling and driveway within 100 feet of a tributary to Lake Cochichewick on the premises, located at the south side of Great Pond Road known as Lot B, Great Pond Road. By Order of the Board of Ap- peals. Frank Scrio, Jr. Chairman Publish N.A. Citizeni May 23 and 30, 1985 F12 Legal Notice "W' 'r NORtH ANDOVER BOARD OF APPEALS NOTICE May 20, 1985 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evening, the 10th day of June 1985 at 7:30 o'cjvck, to all par- ties i�terested in the appeal of COOLIDGE CONSTRUCTION CO., INC. requesting a Special Permit under Section 4.133 Paragraph (d) ol the Zoning By Law so as to permit the con- struction of a dwelling and driveway within 100 feet of a tributary to Lake Cochichewick on the premises, located at the south side of Great Pond Road known as Lot B, Great Pond Road. By Order of the peals. Frank Serio, Jr. Chairman Publish N.A. Citizen: May 23 and 30, 1985 F12 a (.,!. NORTIYaoit.4 APRUX-1 w 1855 : D TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ...May . 2.0.. ...... 19.8.5 Notice is hereby given that the Board of Appea ; will give a hearing at the Town Building, North Andover, 1 -Ti. . r�QP d.ay . . .evening..... the 10thday of ....... un . ......... 19.8 5 , at .7 : 3dOclock, to all parties interested in the appeal of COOLIDGE CONSTRUCTION CO., INC. requesting a xa tioii)o:kBoacx.xxxxxxxxx.xxxvitbEKg,, . BycL==m; to4xel ... S p.e c i.a 1..Pe rmi t..un de r ..S e c.t i on 4...13.3. P.ara.graph..(a)..of..the . Zoning. By. L.aw. so as to permitthe construction of a dwelling ..................................... and driveway.within 100 ,fleet of a tributary to ..................................... Lake Cochichewick ...................................................... on the premises, located at ... the..so,uth .side, o.f . Great Pond Road known as Lot. Great. Pond Toad. .................. By Order of the Board of Appeals By: Frank Serio, Jr., Chairman Publish: Citizen: May 23 and 3C, 1985 Send bill to: Coolidge Construction Co., Inc. 401 Andover St. No. Andover, MA C,1845 PUABhIhG B011B0 TOWN OF NORTH ANDOVER MASSACHUSETTS TO: Frank Serio, Chairman, Bd. of Appeals FROM: Michael Roberts, Chairman DATE: June 10, 1985 SUBJ: Watershed District Special Permits Based on Town Counsel's letter dated May 8, 1985, a building permit and special permit had to be approved by March,1985, (the date of the first moratorium legal notice) in order for the Planning Board to maintain its jurisdiction under Sction 4.133(d). Therefore, the purpose of this memo is to take the opportunity to comment on each application, now before the Zoning Board of"Appeals. B. Angus Realty Trust This plan was reviewed by the Planning Bd. at several public meetings. The new proposal is to remove ',ie existing store and construct a larger retail complex. D.ainage is being directed away from Lake Cochichewick by re(rading the site, in addition to tying into the new sewer li.a. After considerable review and input from other departments, we recommend that the applicant modify the plaiis by removing that portion of the building within 350 feet of the Lake and enlarging the building elsewhere. The applicant can accomodate this change on the plan. C.& D. Daher & Sobel: Great Pond Rd. The Planning Sd. approved a common driveway for these two lots to provide access to Lot #14 Great Pond Rd. The approval was based on several conditions listed in the decision (a copy of which was forwarded to your Board). If the a*pplicant strictly adheres to the Planning Board's decision, we recommend that your board approve the special permit pro%ided the applicant completes the driveway construction by Sep'meber 1,1985. ` Watershed District Special Permits Page Two E. Coolidge Construction: Great Pond Rd. ---------------- The history of this parcel dates back to a June •1984 Preliminary Subdivision Plan disapproved showing 3 lots. A definitive plan was resubmitted showing 2 lots on a cul-de-sac. We had previously advised the applicant that due to the environmental sensitivity of the parcel, one lot would be the most feasible, thus eliminating the road construction and crossing of a tributary to the Lake. On June 3, 1985, the Planning Bd. accepted the applicant's request to withdraw the subdivision without prejudice. We would recommend that there be no deciFion made on this - special permit.until the Conservation Comml.ssion has reviewed and provided the necessary input on the 1"pact on both the wetlands and Lake. F. Coolidge Construction The proposed new house and common driveway construction on lots 2-5 on plan show considerable construction activity on a 7 acre parcel of land located entirely in the Watershed District. It is this type of development that should be scrutinized by the Board of Health (for both the septic and well proposal) and the Conservation Commission concerning he impact on wetlands. The driveway, house locations and septic systems should be staked and we recommend a joint site visit to view the proposed construction impact. Lastly, the applicant must go before the Planning Board for a special permit to construct a common driveway. G. Coolidge Construction: Dale Street Would you kindly provide our office with a plan to review in order to make the appropriate recommendatic-is. We would appreciate notification of any for hc,)ming applications and plans for construction by special permit in he Watershed District. We realize that your Board has been inundated with these requests, and would like to offer any assistance i:. processing or reviewing these plans as you see needed. Thank you. %kp Mr. Michael P. Robeits, Chairman Planning Board Town of North Andove- Town Hall North Andover, MA 01845 Re: Cobble Lane Subdivision Dear Mr. Roberts: June 3, 1985 C(OPY In response to the concerns expressed by the North Andover Planning Board, I am hereby withdrawing, without prejudice, the Cobble Lane Subdivision proposal. In lieu of a two or three lot subdivision, I am seeking a Special Permit for a single.house to be constructed on this three acre parcel, whici, would have the least impact on the land. As you know, the Conservat on Commission has issued an Order of Conditions for a single house ,o -e constructed on this parcel. Based upon you: review of this proposal, I would appreciate, and I am sure, the zoning Board would also appreciate any input you could make for the Zoning Board's Special Permit hearing scheduled for June A, 1985. Thank you. Sincerely, John F. McGarry, President Coolidge Construction Co., Inc. JFM: na [mac: North Andover Zoning Board of Appeals Notice to APPLICARP/TOhN cum and an Definitive Subdivision Plan esti BY: Merrimack Engineering Services dated October 9 19 04 The North Andover Planning Board has voted to plan, subject to the following c tions: 1. the record owners of the sub ct land fort th execute and record a "covenant running with the land"q oro erKise provide eeurity for the con- struction o ways and the installation f municipal servi a within said sub- division9 as pmvided by G.L. c. 9 S. 81-U. 2. That all such em..;truction installations shall in all respects conform to t e govern. ng rules gulations of this 3. That as required by t North Andover Board of Heal in its report to this Board, n build:L g or of r structure shall be built or p Lots NO, as shorn on said Plan without the or consent of said and of th. 4. Other con4i.titms: In the event that n Jpat shall have b n tak frau said aPer al thin twe ty days from the North over Prplan. Board fo with the after endor a 11al appro upon sai The Nkrth Andiver Pit ruling . Aard bfis DISAPPROVED 9A4_p nv for the f J01 Date: J une 3, 1985 ••. m Commonwealth f Massachusetts OEOE Fila No. 242_992 1 (To bt provtdod by OEOE) City/Town North Andover Applicant Gnnl i ��_rnnct. Order of Condition's Massachusetts Wetlands F ott•.• alon Act L. c.131 Wan(t under the, Tbwn .o!• No ii. ��ndovei•. 13y ::iv: .Chalittrr 3.5 is .3 From Nnrth Andover Conservation Commissio, To Coolidge Construction Co. Inc. same N it e of Applicant) (Name of property owner) In . ai road Avenue �'.ndover, MA 0181.0 same Address � Address c• This Order is issued and delivered as follows: . O 'by hand delivery to applicant or representative on - (date) D by certified mail, return receipt requested on J InimrV 95- i gA5 (date) This project is)ocated at Cobble Land off Great Po- �d Road The property is recorded at the Registry of Essex Nort} _ Book 1 %t ) 8 Page 6 8 Certificate (if registered) The Notice of Intent for this project was filed on Decembe_ _14 . 1984 (date) The public hearing was closed on Decemher 19, 1964 _ _ (date) Findings . The N . Andover Conservation Comm- has reviewed the above -referenced Notice of Intent and plans and has held a public hearing on the project. Based on the Information available to the NACC at this time, the NACC has determined that the area on which the proposed work is to be done is significant to the following Interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): O Public water supply O Storm damn -C i prevention O Private water supply O Prevention 3' pollution O Ground water supply O. Land conta; ig shellfish 0 Flood control 0 Fisheries It ORDER OF CONDITIONS: Cobb] Lane 242-252 PROJECT DATA: 1. Notice of Intent titled "Cobble Lane Sub -Division North Andover, MA/Prepared for Coolidt,,, Construction C(*./Prepared by Merrimack Enbineering Services, laic./Dated December, '.984/Forty-five pages (45). 2. Plan Titled "Subdivision Plan of Cobble Lane in North Andover, /Drawn for Coolidge Construction Co./Drawn by Merrimack En-ineering Services/Dated 10/24/84/1 sheet. 3. 111�in tiLled "Grading & Utilities Subdivision Plan of Cobble Lane in North Andover, 1.4. -/Drawn for Coolidge Construction Co./ ::r•lt:rj icy 14er_rimack Engineering Services/Dc ted 10/24/84, 1'evtsed 1/9/85/1 sheet. �►. 1'1�!n of Subsurface Disposal System in Nor.t l Andover/prepared for ,)oli.dge. Construction Co./By Merrimack Engineering Services, Tnc . /Dat -ed January 7, 1985. i. II" -wised Drainage Anal.ys is" C0 rli.6,-,(? Construction Cr)./3y Dz1Lcd .1/9/85/19 pa"es. 1'I:�DI'�Ga of Cobble Lane Sub -Division for Merrimack ng;neering Services/ 1. :-.fter review of all materials., the NACC has determined that L.':e siLes southern most wetland, identiF�ect by the applicant an "isolated wetland", is actually 'a Borp`,aring Vegetated l-.+n;i . Th•e following facts led tis to this determination: The wetland area meets the 50% wetland vegetation criteria. (supported by applicants consultant, IEP, Inc.) 3, khere the applicant has shown the wetland to be isolated, a seasonal swale (per applicants consultant, IEP, Inc.) located, thus connecting tl-iis wetland with other Bordering Vegetated wetl-nds.downstream. In tut1, these wetlands flow uninterupted into Lake Cochichewi.:k. C. Information taken from Soil Survey of ":ssex County, MA Northern Part- show soils, liste(T on t applicants site p .Mi, to be (:ons i.stent with those Eoun.� in depressions .incl aJ.ong dr,-iinngc2ways. (see page 43 f Soil Survey) - 2 - 1 A ORDER OF CONDITIONS: Cobble Lane 242-252 2 Although work on the southernmost Bordering Vegetated Wetland appears to be minimal (filling of 500 squar. feet for driveway), the applicant, having misidentified the resource area, did not 'rF. attempt to address those interests presumed to be significant (see section 10.55, part III). These presumptions of significance':::.'' were therefore not overcome by the applicant. Lastly, the oroposPd. work was not planned in accordance with those Per- ,.•. formance Standards outlined'in Section 10.55 4 a b (1-7) or C (1-3)., ,. 3. In the northern Isolated Wetland, where filling is proposed to be 11.750 square feet, again the applicant does not address all of the presumptions of significance outlined .in Section 10.57 lb. T;hereas provisions were provided to deal with flood control and storm damage prevention, the aTplicant has not addressed public or private water supply, r or have they -.1cidressed the prevention of pollution. Once again, performance standards (1.0.57, 4b (1-3)) were .not met. `i �•. �.11 ,,oters ciirr.ently draining t.o L<iis Isol,-ted Wetland remain )ri "30'(2, evaporate, or are exchanged with E r.oundwa.ter. There i -s no :oi nt outl.ot or inlet to this wetlanc' . Under the proposal the following will o ;ci­i l.�i);� increase i. 11 volume of water dischac 'ed oyfsite l X0'71 increase in rare of runoff offsite i n(:.re-ase In sedi-mentation to Lake Cochichewick D. in ncitrient load to Lake Cochichm-Jick incc.rease in gases and oils to Lake Cochichewick F, i_nc-re�►Se in road . salts to Lake Cochichewick The rir)Olicants -have made no .attempt to address 3, 4, 5 or 6 in their ;)roposal. The current wort; proposal calls for the olii:lination of in Isolated tdetland without the compensation for lost wetland values. 'i.I.T S T�\J 'I'll t -C :Inds that: 1 . Th,, project as proposed will. cause public h prm; 2. the .appl Leant has not provided the NACC wit'i adequate or sufficient information to judge the impa,ts cf the project on the statutory interests. For the reasons set forth above, the NACC denies this Notice of intent without prejudice. However, the NACC has,not considered anCi does not rule on at this time other activitie's which are not of different size, materials, location design, or type which the .a;,pl i.cant may propose at a later. date. - 3 - Issued By r' Signature(s)_ North Andover This Order must be signed by a majority of the Const(rvation ComIlMssi&. r - On this 25th day of January X19_ P.5 , before me personally appeared Anthony Ga lva gna , t4 me known to be the person described in and who executed the foregoing'lnstrument and acknowt= !ged that he/she executed the samr; ars hislher free act and deed. Notary Pub!:c My commission expires The , pplicant, Ike owner, any person aggrieved by this Order, any owner of land abutting the land upon which the ptoposed work Is to be done or any ten residents of the city or town in which such land Is located are hereby notified of their right to request the Department of Environmental Quality Engineering to Issue a Superseding Order, providing the request Is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified ' mail or hand delivery to the Conservation Commission and the applicant. I Dalach on dotted line and submit to the _ prior to commencement of work. To' Issuing -Authority Please be advised that the Order of Conditions for the project at Filo Number has been recorded at the Registry of and has been noted in the chain of title of the affected property In accordance with General Condition 8 on g It recorded land• the instrument number which Identifies this transaction Is If registered land, the document number which identifies this transaction Is Signature Applicant NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 INSPECTOR OF BumDwGs ELECTRICAL INSPECTOR GAS INSPECTOR Board of Appeals Town Office Building North Andover, Ma. Gentlemen: June 10, 1985 Re: Coolidge Construction, Great Pond Rd. TEL. 888-8102 After inspection of the lot in question, I determined that water run=off from the lot constitutes a tributary to nearby Lake Cochichewick. A building permit was refused since a Special Permit from your Board is necessary where construction is to occur within 100 feet of a tributary to Lake Cochichewick. The question here is, what impact construction on this lot will have upon Lake Cochichewick. It is important that the Board have complete environmental reports from professionals and other town boards and departments that are required to issue decisions, i.e. Board of Health, Conservation, etc., before reaching their decision. Very truly yours, CHARLES H. FOSTER �Y, INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF: of Received by Town Clerk: WEIVED DANIEL LONG "SOWN CLERK NORTH ANDOVER, MAY 2 36 N'�� TOWN OF NORTH ANDOVER, MASSACHUSE°�S BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant—C v� Address 1. Application is hereby made: M A 55 01 q'q S a) For variance from the requirements of Section Paragraph and Table of the Zoning By Laws. b) For a Special Permit under Section Paragraph /33of the Zoning By Laws. C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. _ 3� yj S 2. a) Premises affected are land_and building(s;X_numbered Soy 8N��9��rc�sr Street. b) Premises affected are property with frontage on the North ( ) South ( ) East OO West ( ) side ofa.C,�G h��__� Street, and known as No. /,,f �„f .�. L,�� �! /_.�f-.0 Street. c) Premises affected are in Zoning District; and the premises affected have an area of square feet and frontage of feet. See 4 cfC(evL d U w- SLee:. --- -. 3...-- Ownership a) Name and address of owner (if joint ownership, give all names): C_oo_I c c e_ Com,-rtr-ucfiL&Lo vt!�=4 Vol /�UNc� S 1-. U, 14 AC,Pdv�, U Date of Purchase �P c.N ��� / Previous Owner b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 4. Size of proposed building: ,4v�front; 02 �t;eet deep; Height_ C� / stories; __feet. a) Approximate date of erection:rLG� b), Occupancy or use of each floor :--a Pcj�-�Q�' C) Type of construction: Ades c0u sc� e� 5. Size of existing building: �/V feet front; _ Z feet deep; Height `��! stories; 9, feet. a) Approximate date of erection:LA, Lt owy� b) Occupancy or use of each floor: es f Lt c) Type of construction: Wc)a,� Q 6-A ,A_ _ 6. Has there been a previous appeal, under zoning, on these premises? �� If so, when?__ , P0�,r)0Se-- 7. Description of-r-e-1--i-e� sought on this petition �Z`'ey _ yj D -P ,)„r� -C- o h t"tk 6c -4S7- UG�-c 0-;Atl r -e -e Dew cocap�!I c u 5 S . 1?2 f� � � iS 11 I kA?J 'L_ A V'" •_- '� a f c" ecc h i S a v %F( I i % e S L�� e C_ ri4 ) pe VEIL l S r'fk U l V ,eA �j•?¢A" - � � I - t 0)I� t ('0145 �} 66n5`rrVC_I-I&IA U_-) ( t7 k i LA /40 I o F i _9—,t ( 8. Deed ecorded in -:Tie' e Registry of Deeds in Book fqa .Page_ q 3 J Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) �L©! s T 4^ U J( 61M_ ULL N_10_6, W4 t t t 4 00 rGe CM A�, e ! c 9 * t'. fiit2� E,_ LLA0 Ci U .S_e _,p I A W JW ,9 /vat, CP_ I agree to pay the filing fee, advertising in expenses* / G gnature of/Petition newspaper, and incidental 'o k kC G � t 24_�, 1 �_ r sT_ Every application for action by the Board shall be i,.ade on a form approved by the Board. These forms shall be furnished by th! Clerk upon request. Any communication purporting to be an application stall be treated as mere notice of intention to seek relief until such ti;, : s it is made on the official application form. All . information call -d or by the form shall be furnished by the applicant in the manner therein p.,-escribed. Every application shall be submitted with a list of "Parties In Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (300') of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the .land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, b.t are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Boar(, unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are -available from the Board of lopeals upon request. LIST OF PARTIES IN INTEREc' Name :address (use additional sheets if necessary) Coolidge Construction, Co., Inc. 401 Andover St. North Andover, MA 01845 Richard F. Kaminski & Assoc., Inc 200 Sutton St. North Andover, MA 01845 North Andover Planning Board North Andover Town Hall Main St.. North Andover, MA 01845 John S. and Arlene L. Mitchell 919 Great Pond Road N. Andover, MA 01845 Louis C. and Dorothy'N. Tartaglione 905 Great Pond Road N. Andover, MA 01845 Robert S. and Pauline Ayere' 29 S. Bradford St. N. Andover, MA 01845 Frank H. and Dorothy Leslie 891 Great Pond Road N. Andover, MA 01845 Anthony and Ilah Randazzo-' 865 Great Pond Road N. Andover, MA 01845 S. J. J. Trust P. 0. Box 302 Lawrence, MA 01843 David P. and Carolyn Williams-' 99 Winter St. N. Andover, MA 01845 Joseph P. and Irene Langlois 135 S. Bradford St. N. Andover, MA 01845 John B. and Diane Carney -,"I 115 S. Bradford St. N. Andover, MA 01845 George R. and Mary D. Walsh/ 95 S. Bradford St. N. Andover, MA 01845 Francis W. and Patricia N. Pierce-' 85 S. Bradford St. N. Andover, MA 01845 Clarence and Carlotta Spencer--' 102 S. Bradford St. N. Andover, MA 01845 Ernest P. and Irene LiPorto --" 49 Meadowview Rd. N. Andover, MA 01845 Brian and Karen Urquhart 86 S. Bradford St. N. Andover, MA 01845 Lillian L. Caron 35 Meadowview Rd. N. Andover, MA 01845 Peter A. and Patricia J. Palmese --*' 15 Meadowview Rd. N. Andover, MA 01845 John and Mary Kezarjian i 8 Highwood Way N. Andover, MA 01845 William H. and Eleanor J. Roberts-- 52 oberts-- 52 S. Bradford St. N. Andover, MA 01845 George and Mary P. Minasian 20 Highwood Way N. Andover, MA 01845 t Joseph P. and Irene Langlois 135 S. Bradford St. N. Andover, MA 01845 John B. and Diane Carney -,"I 115 S. Bradford St. N. Andover, MA 01845 George R. and Mary D. Walsh/ 95 S. Bradford St. N. Andover, MA 01845 Francis W. and Patricia N. Pierce-' 85 S. Bradford St. N. Andover, MA 01845 Clarence and Carlotta Spencer--' 102 S. Bradford St. N. Andover, MA 01845 Ernest P. and Irene LiPorto --" 49 Meadowview Rd. N. Andover, MA 01845 Brian and Karen Urquhart 86 S. Bradford St. N. Andover, MA 01845 Lillian L. Caron 35 Meadowview Rd. N. Andover, MA 01845 Peter A. and Patricia J. Palmese --*' 15 Meadowview Rd. N. Andover, MA 01845 John and Mary Kezarjian i 8 Highwood Way N. Andover, MA 01845 William H. and Eleanor J. Roberts-- 52 oberts-- 52 S. Bradford St. N. Andover, MA 01845 George and Mary P. Minasian 20 Highwood Way N. Andover, MA 01845 ' r � Ralph F.'and Barbara J. Adams"-- 30 dams"--30 Highwood Way N. Andover, MA 01845 Ruth E. Whittier--- 28 hittier-28 S. Bradford St. N. Andover, MA 01845 David M. and Gay S. Tracy 933 Great Pond Road N. Andover, MA 01845 Ralph F.'and Barbara J. Adams"-- 30 dams"--30 Highwood Way N. Andover, MA 01845 Ruth E. Whittier--- 28 hittier-28 S. Bradford St. N. Andover, MA 01845 David M. and Gay S. Tracy 933 Great Pond Road N. Andover, MA 01845 w Application for Special Permit Coolidge Construction Co., Inc. Addendum Sheet Coolidge Construction Co., Inc. 401 Andover St. North Andover, MA 01845 ear Lot 2 Lot 3 Lot 4 Lot 5 FW*WU*rW10jsWn Lot 2 (Existing Structure) Lot 3 Lot 4 Lot 5 Fro-- n 154.0' 50.0' 152.15' 200.0' Front Feet Deep 40' 34' April 15, 1985 Area 43,663 Ft2 132,161 Ft2 70,962 Ft2 56,358 Ft2 Stories Ht. in Ft. 2 <24 60' 30' 2 <24 60' 30' 2 <24 60' 30' 2 <24 the vditi�i�� i' ' of this Notice date of fiiinr in the Office of. the Town Clerk. .: AreaYn �•, 18SS : TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS P J ;.ui� z5ter NOTICE OF DECISION Date DANIEL L01I; TOW14 i✓f.rf?K NORTH ANDOYE . SEP 24 1 G6 f* 18S Petition No... 3a-7$5 ............. . Date of Hearing. August 12 ,. 19 85 Petition of Coolidge .Construction..Co.. .............. ........ ............................................................. Premises affected...South . .. side of Great Pond Road, Lot B .................................................................. special permit Referring to the above petition for a iRprfrom the requirements of tho . Section.:4 ..133. Paragraph• • (d) of the Zoning r . y�. ......... so as to permit .the construction• .. • a dwelling and drivewaX within 100 _.____._ ._._ feet..of..a, tributary; •to• -Lake Cochichewick .. ................ .......� . After a public hearing given on the above date, the Board of Appeals voted to ..DENY...., the Sp.eci.a1..Permit...................... XX )U .The -Board .up.on..a.moti.oa. k�y..>`�r.. ,Fzi,zq•j1q. 4Rd. seconded•by. Mr. Soule voted unanimously to deny the special permit. The board finds that the proposed development and the delicate nature of the land within the no -build area set forth in the ByLaw does not meet the requirements of Section 10.31 of the Zoning ByLaws. Particularly because of the absence of sewage to the t site and the site is not an appropriate location for the proposed use, in light of its proximity to a tributary to the lake and the increase of sewage ` to the site. The proposed use would in the opinion of the board have an adverse affect on the neighborhood,Siijwdthat the Town has, in an effort to stem the pollution of the lake, imposed.a moratorium on building around the lake. Although the moratorium does..no•t . af:fe.ct• .this . site.,.. the, board considers i, the mandate of the Town to be compelling. .In.summary, the petitioner fails ......... (continued. on. Page. .2) ..... It ......................... ........................................ ................................. I Board of Appeals y, 1►• Page 2 Loolidge Construction - Great Pond Road to meet the standards enumerated in Section 1 of the Zoning ByLaw, namely that the health and welfare of the inhabitants of the Town must be considered. Signed: Frank Serio, Jr., Chairman Alfred E. Frizelle, Vice Chairman Augustine W. Nickerson, Clerk -� - Walter F. Soule Ra and A. Vivenzio BOARD OF APPEA /awt t 0 12 a N. 0" .1, In Of l J thy, � rr(V Cler� 06_1-Cl_�� 02is tl;? '� f 0f the :'To� Q o NORTH O w F 1 •. s• ssl►cNust TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 Dear Mr. Long: REC,EWEB DANIE1. LONG TOW14 CLINK NORT!, ANDOVER SEP 24 1 06 " '85 September 24, 1985 Coolidge Construction Co. South side of Great Pond Rd., Lot B Petition #33-85 The Board of Appeals held a public hearing on -Monday, August 12, 1985 upon the application of Coolidge Construction Co. The hearing was advertised in the North Andover Citizen on May 23 and 30, 1985 and all abutters were notified by regular mail. The following members were present and voting: Chairman Frank Serio, Jr.,.Vice Chairman Alfred E. ___ _Frizelle, Esq., Augustine W. Nickerson, Clerk.. Wlater F. Soule and Raymond A. Vivenzio. The petitioner seeks a special permit pursuant to Section 4.133.3(d) to construct a dwelling within 100' of a tributary to Lake Cochechwick. The parcel consists of approximately 30 acres and once was a portion of another parcel. In their request, the petitioners presented plans which would redirect the flow away from the lake and that the driveway and portion of the dwelling would have to be constructed within 100' from the tributaty. The Board upon a motion made by Mr. Frizelle and seconded by Mr. Soule voted unanimously to DENY the petition for a special permit. In reaching its decision the board carefully considered the provisions of Section 10.31 of the ByLaw and finds that the petitioner' -did not meet each of the criteria set forth therein. Particularly, the site is not an appropriate location for the proposed use in light of its proximity to a tributary to the lake and the increase of sewage to the site. The proposed use would in the opinion of the board have an adverse affect on the neighborhood in that the Town has, in an effort to stem the pollution of the lake imposed a moratorium on building around the lake. Although the moratorium does not affect this site, the board con- siders the mandate of the Town to be compelling. In summary, the petitioner 9 Page 2 Codli.dge Construction Co. (con'd),, fails to meet the standards enumerated in Section 1 of the Zoning Bylaw, namely that the health and -welfare of the inhabitants of the Town must be considered. Sincerely, BOARD OF APPEALS Frank Serio, Jr.• Chairman /aw t 0 a i aO TH �Of G''i ::E�,OF: or.',. 'Yown of APPEALS NORTH ANDOVER BUILDING .gw• CONSERVATION ,SS"C"USES DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN I-I.P. NEI -SON, DIRECTOR March 8, 1989 Frank Serio, Chairman Zoning Board of Appeals 120 Main Street North Andover, MA 01845 Re: Coolidge Construction v. North Andover Board of Appeals, Planning Board Dear Frank: 120 Main Street North Andover Massachusetts 01845 (508) 682-6483 Enclosed is correspondence from Town Counsel, Joel Bard, regarding the long standing litigation of Coolidge Construction. As I discussed with you over the telephone, the Zoning Board of Appeals should review the file and document what can be agreed upon to settle the matter out of court. Town Counsel would like to expedite a resolution to the case and suggested that this matter be placed on the next agenda for executive session. If you request Joel's attendance at your meeting please let me know in advance or if you have questions give me a call. Sincerely, /� /b� e-4Z Karen H.P.Nelson, Directo Planning & Community Development /jle enc. CC: Paul D. Sharon, Town Manager LEONARD KOPFL.MAN DONALD G. PAIGE ELIZABETH A. LANE ..IOYCF FRANK JOHN W. GIORGIO JOELB.BARD JOEL A. BERNSTEIN RICHARD J. FALLON BARBARA J. SAINT ANDRE GEORGE M. MATTHEWS EVERETT J. MARDER JANE M. O'MALLEY KAREN V. KELLY DAVID L. GALLOGLY SONDRA M. KORMAN ANNE -MARIE M. HYLAND KOPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET BOSTON. MASSACHUSETTS 02110 March 6, 1989 Zoning Board of Appeals North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Coolidge Construction v. North Andover Board of Appeals Planning Board Dear Members of the Board of Appeals: (617) 451-0750 I am pleased to inform you that the plaintiffs in the above case have agreed to withdraw their motion for partial summary judgment. This withdrawal was made in deference to our on-going efforts to settle this litigation which began in 1985. This matter relates to applications made for special permits under the Town's Watershed By -Law for Lot B, Great Pond Road and 695 Bradford Street. You may recall that these applications were made around the time when the Zoning By -Laws governing construction in the Watershed District were being amended by Town Meeting. One of the results of these changes was that jurisdiction over special permits in the Watershed District shifted from the Planning Board to the Zoning Board of Appeals. Before the zoning change was voted, the plaintiffs had filed an application for a special permit with the Planning Board. In light of the zoning change, the Board did not act on the application. The plaintiffs then filed with the Zoning Board of Appeals, which application was subsequently denied. The plaintiffs then brought suit against both boards. Based on my discussions with Scott Stocking and, more recently, Karen Nelson, it is my understanding that both boards G r KOPELMAN AND PAIGE, P. C. Zoning Board of Appeals March 6, 1989 Page 2 are prepared to settle this matter. The Planning Board recently discussed the suit and decided that, since it had never acted on the application, it should refer the matter to the Zoning Board of Appeals. I understand that you will be discussing this case at your March 16, 1989 meeting at which time you will explore the possibility of settlement. Counsel for plaintiffs has agreed to delay prosecution of their suit while the Town considers settlement. Please let me know if I can provide you with any information to help you in discussing this case. JBB/nj cc: Planning Board Board of Selectmen Very truly yours, I � 1 Joel B. Bard /,,e 4aL<�� DOMENIC J. SCALISE PETER G. SHAHEEN TOWN COUNSEL OFFICE OF TOWN COUNSEL 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 i,'� Karen Nelson Town Hall Main Street North Andover, MA 01845 o•� yt �L SSAC HLU) July 31, 1987 RE: _Coolidge Construction & John F. McGarry, Trustee vs. The Board of Appeals & Planning Board Dear Karen: f� t(617) 682-4153 (617) 689-0800 Enclosed herewith please find copies of the letter from John McGarry's office as well as his motion to serve interrogatories upon the Town one year after the commencement of the action. Also, enclosed are the actual interrogatories which he is requesting that the Town answer. Please review these interrogatories as it may be necessary to answer them should the Court allow their motion to serve the interrogatories upon the Town. If you have any questions regarding this, please feel free to call. t PGS/kmc enc: CC: Paul Sharon Very JOHN F. MCGARRY RUSSELL A. BODNAR JOHN F. KLIPFEL HEATHER PETERSON-KNOTT KEITH E. KIPER Clerk, Civil Business Essex Superior Court 34 Federal Street Salem, MA 01970 LAW OFFICES OF JOHN F. McGARRY 401 ANDOVER STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE 16171 686-1111 July 28, 1987 JAMES W. ROONEY. WASHINGTON. D.C. OF COUNSEL Re: Coolidge Construction Company, Inc. vs. Planning Board for the Town of North Andover et al C. A. No. 85-2538 Dear Sir/Madam: Enclosed for filing please find: 1. Plaintiff, Coolidge Construction Company, Inc.'s, Motion to Serve Interrogatories After One Year Subject to the Opposition Procedure. 2. Plaintiff, Coolidge Construction Company, Inc.'s, Interrogatories Directed to the Defendant, Planning Board for the Town of North Andover. (SUBJECT TO THE OPPOSITION PROCEDURE). Kindly mark said Motion for a hearing on Monday, August 27, 1987 at 9:30 A.M. at your Court holden at Peabody. Thank you for your. courtesy an assistance in this matter. Very ruly yours, John F. K pfel JFK:na Enclosures cc: Peter Shaheen, EsqL1 . LAW OFFICES OF JOHN F. MCGARRY 401 ANDOVER STREET NORTH ANDOVER. MA. 01645 AREA CODE 617 666-1111 COMMONWEALTH OF MASSACHUSETTS Essex,ss. COOLIDGE CONSTRUCTION CO., INC., ) AND JOHN F. McGARRY, TRUSTEE ) OF MILL TRUST, ) Plaintiffs ) VS. ) BOARD OF APPEALS, TOWN OF NORTH ) ANDOVER, MASSACHUSETTS, FRANCIS ) SERIO, ALFRED FRIZZELLE, WILLIAM ) SULLIVAN$ RAYMOND VIVENZI09 ) WALTER SOULE, AUGUSTINE NICKERSON) PLANNING BOARD FOR THE TOWN OF ) NORTH ANDOVER, MASSACHUSETTS, ) PAUL A. HETSTROM, MICHAEL P. ) ROBERTS, JOHN A. JAMES, JOHN J. ) BURKE, AND ERIC W. NITZSCHE, ) Defendants ) Superior Court No. 85-2538 PLAINTIFF, COOLIDGE CONSTRUCTION CO., INC.'S, MOTION TO SERVE . INTERROGATORIES AFTER ONE YEAR SUBJECT TO THE OPPOSITION PROCEDURE Now comes the Plaintiff, Coolidge Construction Co., Inc., and respectfully moves this Honorable Court allow it to serve the attached interrogatories more than one year after commencement of this action and that these interrogatories be deemed filed and served as of the date of the allowance of this Motion. As reasons therefor, the Plaintiff states that involves complex issues of zoning. Answers to said interrogatories are necessary so that the Plaintiff reasonable opportunity to prepare and prosecute its Respectfully submitted Coo i Construction Co., ,.-By its ttorney, /John ./K1Kptlei, �Ls Uire 401 ndover Street Nor h Andover, MA 01845 T*1: (617) 686-1111 Dated: ( �� this matter may have a case. nc. LAW OFFICES OF JOHN F. MCGARRY 401 ANDOVER STREE9 NORTH ANDOVER. MA 01645 AREA CODE 617 686-1111 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. COOLIDGE CONSTRUCTION CO., INC., ) AND JOHN F. MCGARRY, TRUSTEE OF ) MILL TRUST, ) Plaintiffs ) VS. ) BOARD OF APPEALS, TOWN OF NORTH ) ANDOVER, MASSACHUSETTS, FRANCIS ) SERIO, ALFRED FRIZELLE, WILLIAM ) SULLIVAN, RYAMOND VIVENZIO, ) WALTER SOULE, AUGUSTINE NICKERSON) PLANNING BOARD FOR THE TOWN OF ) NORTH ANDOVER, MASSACHUSETTS, ) PAUL A. HETSTROM, MICHAEL P. ) ROBERTS, JOHN A. JAMES, JOHN J. ) BURKE, AND ERIC W. NITZSCHE, ) Defendants ) SUPERIOR COURT NO. 85-2538 PLAINTIFF, COOLIDGE CONSTRUCTION CO., INC.'S, INTERROGATORIES DIRECTED TO THE DEFENDANT, PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER 1. Please state your name, address and relation to the Planning Board and Board of Appeals for the Town of North Andover, Massachusetts, hereinafter The "TOWN". 2. Please state whether or not Exhibit A attached hereto is a true and correct copy of the Notice of Decision, dated September 24, 1985 under which the TOWN voted to deny the petition of Plaintiff for a special permit to construct a driveway and a dwelling within one hundred feet to a watershed tributary on the locus. 3. If your answer to the immediately preceding interrogatory is in the affirmative, please State the uses available to the locus under relevant zoning given the TOWN'S denial of Plaintiffs' petition for a special permit. 4. For each use -noted in your answer to the immediately preceding interrogatory, please state the permits required as a prerequisite to carrying out such use, as well as the Town of North Andover and/or Commonwealth of Massachusetts' agency from which the permit must be obtained. 5. Please state each and every adverse effect on the North Andover Watershed District that would result from the TOWN'S denial of Plaintiffs' petition for a special permit. I - 2 - 6. As to each adverse effect mentioned in your answer to,the immediately preceding interrogatory, please state any and all safeguards and conditions to the construction proposed in Plaintiffs' aforementioned request for a special permit which was considered by the TOWN before acting upon such request. 7. As to each safeguard and condition noted in your answer to the immediately preceding interrogatory, please state the reasons why that safeguard and/or condition would not reduce or eliminate the adverse effects noted in your answer to Interrogatory No. 5 to acceptable levels. 8. Please state each and every adverse effect on the surrounding neighborhood that would result from the TOWN'S grant of Plaintiffs' aforementioned petition for a special permit for the locus. 9. As to each adverse effect noted in your answer to the immediately preceding interrogatory, please state each and every safeguard and condition to the construction proposed in Plaintiffs' aforementioned request for a special permit that was considered by the TOWN in acting on such request. 10. As to each safeguard and condition referred to in your answer to the immediately preceding interrogatory, please state each and every reason considered by the TOWN in reaching the conclusion that such safeguards and/or conditions would not reduce the adverse effects referred to in your answer to Interrogatory No. 8 to acceptable levels. 11. Please list each and every document or other thing which you propose to utilize as an Exhibit upon the trial of this matter. This interrogatory is direct both to exhibits you intend to use upon the trial and exhibits you my use. 12. Please identify, noting the author, recipient, date and location of any and all written and/or recorded statements in your possession or control, or of which you are aware, made by any person who knows or claims to have knowledge of the matters involved in this action. 13. Please state the name and address of each and every witness you intend to call at trial including the content of their testimony and the facts upon which they rely. - 3 - 14. Please state the name and address of each and every expert you expect to call at trial including the qualifications of such expert, the subject matter on which he or she is expected to testify, any and all opinions upon which he or she is expected to testify and each and every fact upon which said opinions are based. 15. Please state the number of requests for a special permit to construct a driveway and a dwelling within one hundred feet of a tributary to Lake Cochichewick within the Watershed District that were filed with the Planning Board between January 1, 1980 and September 24, 1985. 16. Please state the number of request for a special permit noted in your answer to the immediately preceding interrogatory that were denied. he aintiffs By th it pttorne Joh F. Ke , Esquire McGzrry Law Office 401 Andover Street North Andover, MA 01845 Tel: (617) 686-1111 af ter the this Notice date of tiling the Town In the Off ice of. Clerk. :•. Baas . TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION RECEIVCn DANIEL. LONG TOWN CLUK NORTH ANUOYER' SEP 24 1 66 4'8S Date . S.ep.terbq r..Z 5.. . Petition No... 33 05 .............. Date of Hearing. August 12, 19 85 , Coolidge Construction Co.. .. Petitionof ............................. ................................ . South side of Great Pond Road, Lot B . , , ... . Premisesaffected .............................. I.................... special permit Referring to the above petition for a }t from the requirements of tho . sectlan• .4 .133. Paragraph„ (d).of the Zoning Bylaw.. . , , • • • , so as to permit •the ,construction of a dwelling _ and, drivewaywithin 100 txbut.arY..�o..L�ke. C4chichewick.................................... After a public hearing given on the above date, the Board of Appeals voted to ..DENY .. • . the. Sp.eci.al. Permit .................... XX X)U .The..Do.ard .up.on, .a.moti.on. by..Mr,..Fza,ze,].7e..�nd. seconded by Mr. Soule voted unanimously to deny the special permit. The board finds that the xxmxxcsta�s�stbKz�xaxac�xyx{f�1�a�ariid4 proposed development and the delicate eetuthe°requirementswithin Sectiono10.31d area set forth in the ByLaw does not m 4 of the Zoning Bylaws. Particularly ,because of the absence of sewage to the site and the site is not an appropriate location for the proposed use, in light of its proximity to a tributary to the lake and the increase of sewage to the site. The proposed use would in the opinion of the board have an adverse affect on the neighborhood,Sij=dthat the Town has, in an effort to stem the pollution of the lake, imposed a moratorium on building around the lake. Although the moratorium does..no.t . of fect..this . site.,.. thetitioneronsi the maders mandate of the Town to be compelling. In summary, the p _ .........(continued . on . Page..2 )..... . ............. ........................................ ; Board of Appeals Coolidge Construction.- great Pond Road to meet the standards enumerated in Section oofthe theZTowngmustabe namely that the health and welfare of the inhabitants considered. Signed: Frank Serio, J E. ., Ch Vice a Chairman AlfreAugustine W. Nickerson, Clerk Walter F. Soule Ra and A. Vivenzio BOARD Q APPEA /aw t 0 a CERTIFICATE OF SERVICE I, John F. Klipfel hereby certify that on July 28, 1987 I served the attached pleadings on the Defendants in the above -entitled action by mailing a copy thereof, postage prepaid, to his (her, their, its) counsel of record: Peter Shaheen, Esq., 89 Main Street, North Andover, MA 01845 By PiaintoAs attpfnW, ohn lip ekl, Esquire McGaf'ry Law Office 401./Andover Street North Andover, MA 01845 ,Tel: (617) 686-1111 OF NORT, ti OFFICES OF: o °m Town Of APPEALS NORTH ANDOVER BUILDING 9SSACRUSfSA CONSERVATION DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN 1 LI'. NELSON, UIRECI OR IIEHO :APIIJUI1 TO: Board of Appeals FROM: Scott A. Stockinq, Planner DATE: January 27, 1989 RE: .1Coolidge Suits 69 Bradford Street -Lot B Great Pdnd Road 12O Main Street North Andover MBSSaChuSetts 01845 (508) 682-6483 The Planning Board met in Executive Session to discuss the two suits cited above during their January 19, 1989 meeting. Upon review of the facts of both cases, the Board finds that the material issues before the Town relates to the Board of Appeals action only. Staff is available to clarify the issues presented by both cases It 4 LEONARD KOPELMAN DONALD G. PAIGE ELIZABETH A. LANE JOYCEFRANK JOHN W. GIORGIO JOEL B. BARD JOEL A. BERNSTEIN RICHARD J. FALLON BARBARA J. SAINT ANDRE GEORGE M.MATTHEWS EVERETT J. MARDER KAREN V. KELLY DAVID L. GALLOGLY SONDRA M. KORMAN Clerk, Civil Business Essex Superior Court 32 Federal Street Salem, MA 01970 KOPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET BOSTON, MASSACHUSETTS 02110 January 26, 1988 (617) 451.0750 Re: Coolidge Construction Co., Inc. and John F. McGarry, Trustee v. Board of Appeals, Town of North Andover, Massachusetts, et al., Essex Superior Court C.A. No. 85-2538 Dear Sir/Madam: Enclosed for filing in the above matter, please find Defendants' Motion To Postpone Hearing On Motion For Partial Summary Judgment. This Motion has been assented to by counsel for plaintiffs. Kindly file same. Thank you for your assistance in this matter. Very truly yours, del� B. Bard JBB/ja enc. cc: Robert S. Brintz, Esq. Board of Appeals COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT C.A. NO. 85-2538 COOLIDGE CONSTRUCTION CO., INC. AND JOHN F. MCGARRY, TRUSTEE OF MILL TRUST, Plaintiffs V. BOARD OF APPEALS, TOWN OF NORTH ANDOVER, MASSACHUSETTS, FRANCIS SERIO, ALFRED FRIZELLE, WILLIAM SULLIVAN, RAYMOND VIVENZIO, WALTER SOULE, AUGUSTINE NICKERSON, PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER, MASSACHUSETTS, PAUL A. HEDSTROM, MICHAEL P. ROBERTS, JOHN A. JAMES, JOHN J. BURKE, AND ERIC W. NITZSCHE, Defendants DEFENDANTS' MOTION TO POSTPONE HEARING ON MOTION FOR PARTIAL SUMMARY JUDGMENT The defendants move for a postponement of the hearing requested by plaintiffs, on plaintiffs''Motion for Partial Summary Judgment. The Motion has been scheduled for February 24, 1989. Defendants request that a hearing not be scheduled until such time as either party may request one. Defendants further request that, upon any such request for a hearing, the party not requesting the hearing be given 10 days to file and serve an opposition. As grounds for this Motion, the parties have undertaken serious settlement discussions and plaintiffs assent to such Motion to facilitate further discussions. ASSENTED TO: COOLIGE CONSTRUCTION CO. INC., ET AL. By its attorney, Robert S. Brintz ( BO 5'136 McGarry, Bodnar & Brintz 401 Andover Street North Andover, MA 01845 BOARD OF APPEALS, PLANNING BOARD, TOWN OF NORTH ANDOVER By its attorneys, L natd Kopelman, Town Counsel (BIG/#2773,40) Joel B. Bard (BBO #029140) Kopelman and Paige, P.C. 77 Franklin Street Boston, MA 02110 (617) 451-0750 PLAN OF LAND TO ACCOMPANY PETITION Each application and petition to the Board shall be accompanied by five (5) copies of the following described plan: The size of the plan shall be 11 x 17, drawn tc scale, 1 inch equals 40 feet; it shall have a north point, nerves of streets, zoning districts, names and addresses of owners of properties within a minimum of 200 feet of the subject :)r(,perty, property lines and location of buildings on surroundi,.g properties. The location of buildings or use of the property where a variance is requested and distances from adjacent buildings and property lines shall be verified in the field and shown on the plan. The dimensions of the lot and the percentage of the lot covered by the principal and accessory buildings and'the required parking spaces shall be shown. Entrances, exits, driveways, etc. that are. pertinent to the granting of the variance shall be shown. All' proposed data shall be shown in red. Any topographical feature of the parcel of land relied upon for a variance, such as ledge, rock peat, or natural condition of water, brook, or river, shall be shown on the engineering plan. When a variance is requested to subdivide a parcel of land, the dimen- sions and area of the surrounding lots may be taken from the deed or lotting plan for comparison of the size of he lots in the neighborhood, noted on the plan as such, and mar:ed "appro,ximate". The plan shall be signed and bear the seal of a registered surveyor or engineer. Any plans presented with he petition shall remain a part of the records of the Board of App,-als. If living quarters are to be remodeled, or ar(as are to be converted into living quarters, in additin to th- plot plan, five (5) copies of the following described plans s► -ili be furnished: 1. A floor plan of each floor on,which remodeling is to be done or areas converted into living quarters; 2. A floor plan showing the stairways, halls, doors opening,into the halls, and exit doors of each floor or floors where no re- modeling or converting is to be done; 3. The plans and elevations shall show all existing work. All ------ proposed work shall be shown in red. The size of each plan shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4 inch equals one foot. All plans and elevations presented with the petition shall remain a part of the records of the Board of Appeals. For petitions requesting variation(s) from `the provisions of Section 7, Paragrpahs 7.1, 7.2, 7.3, and 7.4 and Table 2 of the Zoning By Law for conveyance purposes only, a pleat plan, certified by a registered engineer or land surveyor, of tY.! parcel of land with a structure thereon being conveyed, will be acceptable to the Board of Appeals provided: 1. The dwelling(s), structure(s), or buildin-,s' were constructed prior to March 14, 1977. 2. The petition is not to allow construction or alteration to the dwelling(s), structure(s), or building(s) which will re- sult in the need for the issuance of a building permit. 3. The size of the plan shall be no smaller than 8 1/2 x 11 inches and must show the existing area of the parcel, the existing frontage, and the existing setbacks of the dwelling(s), structure(s), or building(s) being conveyed. 4. Proper space is provided on the plot plan for the Board's signatures, as well as adequate space for the following information: date of filing, date of public hearing, and date of approval. Received by Town Clerk: RECE! r n DANIEL LONG TOWS! GUNK NORT14 ANDOVER TOWN OF N q%AN 'fiSSACHUSETTS BOARD OF APPEALS Applicant Address 4e) &4 CL IL46 -� A -7 1. Application is hereby made: foq a) �>~�,- 3Aa=ianna frem the re— .rements—of seetieR and T-abI a —ef-4he Zening By 13aws—of—the . b) For a Special Permit under Sectionz aragruphof the .Zoning By Laws. c) a ew o f—a de e i s i en mads by tb e Building inspeeteg 9et-herraU-tho itT. 2. a) Premises affected are land—X—andbuilding(s) numbered T_I D.t_;8_ _ Street. b) Premises affected are property with frontage on the North ( ) South (X) East ( ) West ( ) side of�C? FP�1�� Street, and known as No. � �.Pp f o 1A ,d 0 M A, -V Street. c) Premises affected are in Zoning District e2 , and the premises affected have an area of t3, 07S'square feet and frontage of ,, 7 _ . 3. Ownership a) Name and address of owner (if joint ownership, give all names)): / LUA d �J Nr 0Ve i- . Date of Purchase R o 3 =Previous Owr: ::�r �-e,4 1-0 L4 b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 4. Size of proposed building: 71�front; feet deep; Height ,Q�stories;� _feet. -_-- a) Approximate date of erection: 'f b) Occupancy or use of each floor: dcVni,4 c) Type of construction:��� 5. Size of existing building:A—feet front;_ feet deep; Height stories; feet. V. a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of construction: 6. Has there been a previous appeal, under zoning, cin these premises? __LL0 If so; when?`_ 7. Description of relief sought on this 'petition— .0 N -::�+JfL) CAL- UM- 8. Deed recorded in the Registry, of Deeds in Br k L L��Page 6 Land Court Certificate No. Book Pz �e The principal poifits upon which I base my appticatica are as -follows: (must be stated in detail) CC vt_5e1-U.! '�-� vel irwv�. {td � . P '� �`�'t -(111 OF [�wALI farv-v�'t-L-tjS •j —t I agree to pay the filii expenses* DvS� CAVI 'IETLItS"L01, /�C"���,�T y 104. ! SSS 4L-d4A 11; P-(-�w 05S T4oSs t-vx/4tv loop wit' fee, advertising in newspaper, and incidental. Signature o Pet itiohdr(s v Every application for action by the Board shall be Zade on a form approved by the Board. These forms shall be furnished by tle Clerk upon request. Any communication purporting to be an application s-iall be treated as mere notice of intention to seek relief until such time is it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties In Interest" which list shall include the petitioner, abutters, oNners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (300') of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25..00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shalt be submitted with a plan of land approved by the Board. No petition will be brought before the Boarl unless said plan has been submitted. Copies of the Board's requirement:- regarding plans are attached hereto or are available from the. Board of .appeals upon request. A Name LIST OF PARTIES IN INTEREST Address. y• (use additional sheets if necess�ry) r_ LIST OF PARTIES IN INTEREST ABUTTERS LIST GREAT POND ROAD Richard D. & Florence M. Bornival 625 Great Pond Road North Andover, MA 01845 Tomas D. & Sylvia L. Burns 675 Great Pond Road North Andover, MA 01845 Daniel & Catherine Leonard 287 Brentwood Circle North Andover, MA Robert E. &'Linda M. McPhail 295 Brentwood Circle North Andover, MA 01845 North Anodver Country Club P.O. Box 1400 Lowell, MA N.E. Conference Center 666 Great Pond Road North Andover, MA 01845 Richard M. & Mary E. Katis 267 Brentwood Circle North Andover, MA 01845 Erik R. & Joan Flandagen 257 Brentwood Circle North Andover, MA 01845 MERRIMACK ENGINEERING SERVICES, INC. • 66 PARK STREET • ANDOVER, MASSACHUSETTS 01810 LIST OF PARTIES IN INTEREST ABUTTERS LIST j3 GREAT POND ROAD Richard D. & Florence M. Bornival l 625 Great Pond Road North Andover, MA 01845 f Tomas D. & Sylvia L. Burns 675 Great Pond Road North Andover, MA 01845 Daniel & Catherine Leonard 287 Brentwood Circle North Andover, MA Robert E. &' Linda M. McPhail r 295 Brentwood Circle North Andover, MA 01845 North Anodver Country Club P.O. Box 1400 Lowell, MA i N.E. Conference Center 666 Great Pond Road North Andover, MA 01845 Richard M. & Mary E. Katis 267 Brentwood Circle / North Andover, MA 01845 - Erik R. & Joan Fla den�- 257 Brentwood Circle North Andover, MA 01845 i /1 MERRIMACK ENGINEERING SERVICES, INC. 0 66 PARK STREET 0 ANDOVER, MASSACHUSETTS 01810 vv KOPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET LEONARD KOPELMAN BOSTON, MASSACHUSETTS 02110 DONALD G. PAIGE ELIZABETH A. LANE (617) 451-0750 JOYCE FRANK JOHN W. GIORGIO JOEL B. BARD JOEL A. BERNSTEIN RICHARD J. FALLON BARBARA J. SAINT ANDRE GEORGE M. MATTHEWS EVERETT J. MARDER JANE M. O'MALLEY KAREN V. KELLY DAVID L. GALLOGLY SONDRA M. KORMAN ANNE-MARIE M. HYLAND December 14, 1988 Hon. Charles A. Salisbury and the Members of the Board of Selectmen North Andover Town Hall 120 Main Street North Andover, MA 01845 Dear Members of the Board of Selectmen: There are a few cases with the Coolidge Construction Co., Inc., Vs. the Town of North Andover, and I am delighted to inform you that one of them has just been dismissed, namely C.A. No. 85-1906. Very truly yours, Leonard Kopelman LK/sb cc: Board of Appeals .G+ NORTH ,SS�+.. ACMus�s TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Nov ember 1.8, 1985 Board of Selectmen Town Hall 120 Main Street North Andover, MA 01845 Dear Board Members: Recently, we were served with papers on a °lawsuit commenced by Coolidge Const. Co. concerning the denial of Special Permits by the Board for construction of residences within the Watershed District. This lawsuit was brought against the Board members in their individual capacities, as well as in'their status as Board -- - members. As a result,. the Board members do "hereby request fuQl indemniftcdtion. for themselves as individuals, against any 'losses or damages suffered by them re- sulting from this suit., including indemnification for attorney's fees, out-of- pocket expenses and damages. Thank you for your attention to this matter. Sincerely, BOARD OF APPEALS Frank Serio, Jr, Chairman RV:awt r r /- �t t �' ✓ :.*"' X65 r� NO' 10E OF APPEAL TO: Board. of Appeals Town of :-ort'_1 Andover 120 r1aln Street ,'orth. Andover, _ .A 0184 Please take notice that onmuesday:`, October 15, 1985 pursuanr' to Massachusetts General Laws Chapter 40A, section 17, Coolidge Construction Co,, Inc, and John F. McGarry, Trustee of Mill Trust, commenced an action in the Superior Court, Essex County, Commonwealth of Massachusetts, appealing the North Andover Board of Appeals Order, dated 24, , 1985, on Petition No. 33-8` affecting Lot B Great Pond Road, North Andover, Massachusett.�3, copy of the complaint commencing said appeal is attached hereto. The Plaintiffs By their Attorney, William C. Sheridan, 401 Andover Street North Andover, MA 01845 (617)686-1111 COMMONWEALTH OF MASSACHUSETTS Essex,ss. COOLIDGE CONSTRUCTION CO., INC., ) AND JOHN F. MCGARRY, TRUSTEE OF ) OF MILL TRUST, ) Plaintiffs ) VS. ) BOARD OF APPEALS, TOWN OF NORTH ) NORTH ANDOVER, MASSACHUSETTS, ) FRANCIS SERIO, ALFRED FRIZELLE, ) WILLIAM SULLIVAN, RAYMOND ) VIVENZIO, WALTER SOULE, AUGUSTINE) NICKERSON, PLANNING BOARD FOR ) THE TOWN OF NORTH ANDOVER, ) MASSACHUSETTS, PAUL A. HETSTROM, ) MICHAEL P. ROBERTS, JOHN A. ) JAMES, JOHN J. BURKE, AND ERIC ) W. NITZSCHE, ) Defendants ) PARTIES Superior Court No. rOMDT ATMrr 1. The Plaintiff, Coolidge Construction Co., Inc. is a Massachusetts corporation having a principal place of business at 401 Andover Street, North Andover, Massachusetts. 2. The Plaintiff, John F. McGarry, is Trustee of the Mill Trust, duly established under Massachusetts law and having a principal place of business at 401 Andover Street, North Andover, Massachusetts. 3. The Defendant, Board of Appeals, Town of North Andover, Massachusetts is a body politic having a principal place of business at 120 Main Street, North Andover, Massachusetts. 4. The Defendant, Francis Serio, is a natural person, residing at 250 Hillside Road, North Andover, Massachusetts. 5. The Defendant, Alfred Frizelle, is a natural person, residing at 131 Appleton Street, North Andover, 11assachusetts. 6. The Defendant, William Sullivan, is a natural person, residing at 405 Salem Street, North Andover, Massachusetts. 7. The Defendant, Raymond Vivenzio, is a natural person, residing at'll Appledore Lane, North Andover, Massachusetts. 8. The Defendant, Walter Soule, is a natural person, residing at 70 Raleigh Tavern Lane, North Andover, Massachusetts. 9. The Defendant, Augustine Nickerson, is a natural person, residing at 100 Moody Street, North Andover, Massachusetts. 10. The Defendant, Planning Board for the Town of North Andover, Massachusetts is a body politic, having a principal place of business at 120 Main Street, North Andover, Massachusetts. 11. The Defendant, Paul A. Hetstrom, is a natural person, residing at 30 Oakes Drive, North Andover, Massachusetts. 12. The Defendant, Michael P. Roberts, is a natural person, residing at 479 Waverly Road, North Andover, Massachusetts. 13. The Defendant, John A. James, is a natural person, residing at 132 Brentwood Circle, North Andover, Massachusetts. 14. The Defendant, John J. Burke. is a natural person, residing at 65 Hillside Road, 1,1orth Andover, Massachusetts. 15. The Defendant, Eric W. Nitszche, is a natural person, residing at 1253 Salem Road, North Andover, Massachusetts. FACTS COMMON TO ALL COUNTS 16. The Plaintiffs reallege and incorporate herein the allegations made in Paragraph 1 through 15 of this Complaint. 17. On or about January 22, 1985, Plaintiff John F. McGarry, Trustee of Mill Trust, purchased for consideration of -2- $176,000.00 a 7 acre parcel of land known as 69 South Bradford Street, North Andover, Massachusetts, hereinafter "the Premises", by deed recorded at North Essex Registry of Deeds at Book 1999, Page 250. The parcel was to be developed into four residential lots (Lot 2,3,4 and 5) by Plaintiff Coolidge Construction, Co., Inc.. Under this plan, an existing residence in shabby condition was to be refurbished, on Lot 2 and a single family residence was to be constructed on each of the remaining lots. 18. On or about April 12, 1985, the Plaintiff submitted to the Defendant, North Andover Planning Board, and to its members, Paul A. Hetstrom, Michael P. Roberts, John A. James, John J. Burke and Eric W. Nitzsche, hereinafter the "Planning Board", a request for a special permit under Section 4.133 (3)(d) of the North Andover Zoning By -Laws. This request specifically sought permission to construct the three new dwellings, to refurbish the existing dwelling, to raze an existing barn, to construct an access driveway to each lot and to install utilities and the closed sections of the septic system designed to meet local and State safety requirements within one hundred (100) feet to a tributary to Lake Cochichewick. 19. Plaintiffs' request for a special permit was necessitated by the fact that optimal protection of the wetlands made it impossible to gain access to the lots and to design a residential unit on each without crossing the one hundred (100) foot zone. 20. Despite these problems the Plaintiffs took all conceivable safeguards to assure that the proposed construction had a de minis impact on the Watershed District. -3- 21. However, the Planning Board failed to hold a public hearing on Plaintiffs' Application within sixty-five (65) days of its filing as mandated in Section 10.3 of the town of North Andover Zoning By -Laws. In addition, the Planning Board failed to render a final decision on Plaintiff's Application. Rather, the Planning Board required Plaintiffs to resubmit their application to the Board of Appeals and to its members, Francis Serio, Alfred Frizelle, William Sullivan, Raymond Vivenzio, Walter Soule, and Augustine Nickerson, hereinafter the "Board of Appeals". On or about September 24, 1985, more than six (6) months after the filing of the Plaintiffs' application with the Planning Board, the Board of Appeals filed its Notice of Decision with the Clerk for the Town of North Andover denying Plaintiffs' Request for a special permit. A copy of this Notice of Decision is attached hereto and incorporated herein as Exhibit "A". 22. In denying Plaintiffs' request for a special permit the Defendants have effectively made it impracticable or impossible to construct or refurbish a residential unit on the Presmises, although zoning for each lot essentially prohibits any other use, although the Defendants have failed to specify any adverse effects on the Watershed District that would result from the actual construction requested within the one hundred (100) foot zone, and although the Defendants failed to suggest to Plaintiffs any safeguards that would reduce any adverse effects to acceptable limits. -4- COUNT I 23. Plaintiffs reallege and incorporate herein the allegations made in Paragraphs 1 through 22 of this Complaint. 24. The decision of the Board of Appeals to deny Plaintiffs' request for a special permit was based upon matters irrelevant to the proposed construction. The denial focused upon the effects of the construction of the leaching fields on the lots. However, the construction of the leaching fields were was not before the Board of Appeals. Not only were the septics designed in accordance with applicable State and local safety regulations,but more importantly, they were located outside of the one hundred (100) foot zone over which the Board of Appeals had jurisdiction. In fact, approval or disapproval of the leaching fields resided in other Town and State authorities. 25. In denying Plaintiffs' request for a special permit, the Defendants exceeded their authority by acting on legally untenable grounds or in a manner which was either unreasonable, whimsical, capricious or arbitrary. WHEREFORE, Plaintiffs respectfully request the following relief: a. That the Board of Appeals' decision to deny Plaintiffs' request for a special permit be annulled; b. That Plaintiffs' request for a special permit be remanded to the Planning Board or other appropriate authorities for further consideration under specific directions by the Court; C. That Plaintiffs' request for a special permit be granted and that the matter be remanded to the Planning Board or other -5- appropriate authorities so as to allow them to impose reasonable safeguards on the proposed construction, thereby reducing any adverse impact on the Watershed District to acceptable linits; and d. Such other relief as justice and equity may require. . COUNT II 26. Plaintiffs reallege and incorporate herein the allegations contained in Paragraphs 1 through 25 of this Complaint. 27. In denying Plaintiffs' request for a special permit, the Board of Appeals has unlawfully taken Plaintiffs' property without just compensation by exercising its zoning powers in such a manner, and to such an extent, as to deprive the Plaintiffs' land of all practicable value, leaving the Plaintiffs with only the burden of paying taxes on it. 28. In denying Plaintiffs' request for a special permit, the Board of Appeals has thus violated Plaintiffs' rights under the Fifth Amendment of the United States Constitution, under the United States Civil Rights Act, 42 U.S.C. Section 1983, under Article X, Constitution of the Commonwealth of Massachusetts, and under the Massachusetts Civil Rights Act MGL Chapter 12, Section 11I. WHEREFORE, Plaintiffs respectfully request the following relief : a. That the Board of Appeals' decision to deny Plaintiffs' request for a special permit be annulled; b. That Plaintiffs' request for a special permit be remanded to the Planning Board or other appropriate authorities for further consideration under specific directions by this Court; C. That Plaintiffs' request for a special permit be granted and that the matter be remanded to the Planning Board or other appropriate authorities so as to allow them to impose reasonable safeguards on the proposed construction, thereby reducing any adverse impact on the Watershed District to acceptable limits; Fifty d. That this Court award Plaintiffs Two Hundred Thousand ($250,000.00) Dollars as compensation for the damages sustained by Plaintiffs as a result of the Defendants interference with Plaintiffs' use of Lots 2,3,4, and 5 of the Premises and as compensation for the decrease in the fair market value thereof; e. That this Court award Plaintiffs the costs and attorney's fees incurred in bringing this action; and f. Such other relief as justice and equity may require. f nTTh1T T T T 29. Plaintiffs reallege and incorporate herein the allegations made in Paragraphs 1 through 28 of this Complaint. 30. In direct violation of MGL Chapter 40A, Section 9, the Defendants failed to take final action on Plaintiffs' Application for a Special Permit within ninety-five (95) days after.the time mandated for a public hearing under Section 10.3 of the Town of North Andover Zoning By -Laws. WHEREFORE, Plaintiffs respectfully request that this Court declare Plaintiffs' request for a Special Permit constructively approved. -7- COUNT IV 31. Plaintiffs reallege and incorporate herein the allegations contained in Paragraphs 1 through 30 of this Complaint. 32. Plaintiffs submitted their plan of land for the premises under MGL Chapter 41, Section 81P on or about April 4, 1985, and thus under MGL Chapter 40A, Section 6, Plaintiffs were entitled to the uses allowed under applicable zoning law then in existence. Prior to the submission of the plan, the Planning Board not only had exclusive jurisdiction over special permits, but, more importantly, the Planning Board had universally approved special permits where the enviornmental conditions and the construction proposed were essentially identical to Plaintiffs'. 33. After the submission of Plaintiffs' plan, the North Andover zoning ordinances and by-laws were substantially amended: jurisdiction over special permits was shifted from the Planning Board to the Board of Appeals.and a moratorium was instituted on the issuance of building permits within the Lake Cochichewick Watershed District. 34. In violation of MGL chapter 40A, Section 6 these subsequent zoning changes were applied to Plaintiffs' land. Particularly, the Board of Appeals rendered the decision on Plaintiffs' request for a special permit and not the Planning Board. In addition, the Board of Appeals applied a new standard of review to Plaintiffs' request. Finally, in denying Plaintiffs' request, the Board of Appeals effectively applied the building moratorium to the Plaintiffs' land, thus denying Plaintiffs the right to use their land in the manner in which they were entitled under MGL Chapter 40A, Section 6. 35. In denying Plaintiffs' request for a special permit, the Defendants thus exceeded their authority by acting on legally untenable grounds or in a manner which was either unreasonable, whimsical, capricious or arbitrary. WHEREFORE, Plaintiffs respectfully require the following relief: a. That the Board of Appeals' decision to deny Plaintiffs' request for a special permit be denied; b. That Plaintiffs' request for a special permit be remanded to the Planning Board or other appropriate authorities for further consideration under specific directions by the Court; c. That Plaintiffs' request for a special permit be granted and that the matter be remanded to the Planning Board or other appropriate authorities so as to allow them to impose reasonable safeguards on the proposed construction, thereby reducing any adverse impact on the Watershed District to acceptable limits; and d. Such other relief as justice and equity may require. Ma COUNT V 36. Plaintiffs reallege and incorporate herein the allegations contained in Paragraph 1 through 35 of this Complaint. 37. In denying Plaintiffs' request for a special permit, the Defendants acted with gross negligence, in bad faith or with malice. WHEREFORE, Plaintiffs respectfully request that judgment be entered against the Defendants for the costs incurred by the Plaintiffs in bringing this action. The Plaintiffs By their Attorney William C. Sheridan, Esquire 401 Andover Street North Andover, MA 01845 (Tel) 617-686-1111 -10- r , .. •. '� � �iORTt/ r "ILn+ s: Baas �f ter the v�it;�in t�:►; ' of this Notice date of Sii;r� the Town in the office of. Clerk. TOWN OF NORTH HANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION RECEIVED DANIEL LORD TOWN CLEPK NORT;f ANDDYER SEP 24 1 f 5 f* '$S Date . S.4te?nber. .�4.►..7.9.$5... Petition No... 3.3.-$5 .............. Date of Hearing. August 12 , 19 85 , Petition of Coolidge Construction . Co. Presesaffected South side of Great Pond Road, Lot B . special permit Referring to the above petition for a R A.� from the requirements of thn . Section- .4.133. Paragraph., fid) of the Zoning ByLaw.. so As to permit .the .construction of, a .dwelling and drivewaX within 100 feet. .o f. .a. tribvt4ry,.,to,,Lake, Cgchichewick i . After a public hearing given on the above date, the Board of Appeals voted to .. DE : NY . .the Sp.ecie1. Permit...... ...... XYii} .The..Bo.ard . up.on..a . moti.or�. ky. Mr....FXi zed fie, , end seconded by Mr Soule voted unanimously to deny the special permit. The board finds that the --.XXidKXt�{b�I�1dil4�C�bBZB�{�36�Ek�]�Xi���HXti��f�No�t��t`i6Yt� proposed development and the delicate nature of the .land within the no -build area set forth in the ByLaw does not meet the requirements of Section 10.31 - of the Zoning ByLaws. Particularly because of the absence of sewage to the. site and the site is not an appropriate location for the proposed use, in light of its proximity to a tributary to the lake and the increase of sewage to the site. The proposed use would in the opinion of the board have an adverse affect on the neighborhood,Siiffedthat the Town has, in an effort to stem the pollution of the lake, imposed.a moratorium on building around the lake. Although the moratorium does. •no.t . affect. .this, site.,_ the. board considers the mandate of � the, Town to be compelling. • In .summary, the petitioner fails •(continued. on. Page..2). 1i,1•PES'1' ....................... . A `hee Copy} ................ _ ............... . Town Cleric Board of Appeals ° Page 2 / Y Coolidge Construction - Great Pond Road t. to meet the standards enumerated in Section 1 ,of the Zoning�ByLaw, namely that the health and welfare of the inhabitants of the Town must be considered. Signed: Frank Serio, Jr.; Chairman Alfred E. Frizelle, Vice Chairman Augustine W. Nickerson, Clerk Walter F. Soule Ra and A. Vivenzio BOARD CrF YPPEAUS /aw t R y✓ittfi �'r bo ry ,erg e�lI;Ce C f thisf t`r th a •of the Notice wn MORTN ,SSACMU��4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 Dear Mr. Long: RECEIVEi'. DANIEL_ LONG TOWN CLPRK NORTI; ANDOVER SEP 24 1 06 N X85 September 24, 1985 Coolidge Construction Co. South side of Great Pond Rd., Lot B Petition #33-85 The Board of Appeals held a public hearing on.Monday,•August 12, 1985 upon the application of Coolidge'Construction Co. 'The hearing was advertised in the NorthAndover Citizen on May 23 and 30, 1985 and all abutters were notified by regular mail. The following members were present and voting: Chairman Frank Serio, Jr., Vice Chairman Alfred E. Frizelle, Esq., Augustine W. Nickerson, Clerk:. Wlater F. Soule and Raymond A. Vivenzio. $. The petitioner seeks a special permit pursuant to Section 4.133.3(d) to construct a dwelling within 100' of a tributary to Lake Cochechwick. The parcel consists of approximately 30 acres and once was a portion of another parcel. In their request, the petitioners presented plans which would redirect the flow away from the lake and that the driveway and portion of the dwelling would have to be constructed within 1001. from the tributaty. The Board upon a motion made by Mr. Frizelle and seconded by Mr. Soule voted unanimously to DENY the petition for a special permit. In reaching-.".- '. its decision ,the board carefully considered the provisions of Section 10.31 of the ByLaw and finds that the petitioner did not meet each of the criteria set forth therein. . Particularly, the site is not an appropriate location for the proposed use '. in light of its proximity to a tributary to the lake and the increase of sewage to the site. The proposed use would in the opinion of the board have an adverse affect on the neighborhood in that the Town, has, in an effort to stem the pollution of the lake imposed a moratorium on building around the lake. Although the moratorium does not affect this site, the board con- siders the mandate of the Town to be compelling. In summary, the petitioner w r P&ge 2 - Coolidge. Construction Co. (con'd) fails to meet the standards enumerated in Section 1 of the Zoning ByLaw, namely that the health and welfare of the inhabitants of the Town must be considered. Sincerely, BOARD OF APPEALS Frank Serio, Jr. ' `Chairman --haw t , U a s V m 0 N O G y � O 0 1-� U O R � y � � x a 0� U o •v w O o v C fY� v ti8 b O C o R L v M U •p o rn o R C kr) O O c ., V 04 Q O w ,o o � R U '0 O o E t1. s o N o � C N O O •y � O o U ^o •� b > U V N f N 0 v 0 5 F ax 0 O AC> c V)C) � E o p a cn ami 'p r-� U C Q F" p rTi 1 M M ¢ N 06 G ❑ O Yx U Q O O y U t �• y y F a � � vda�c�aAU U� { U C N O ._ O f0 a �U .0 R m J N N M O CD F 0 41)0 u ti o U 0 8 E O U N R.... N d O Y UIQ L bA L 0 N b Q (� C/1 F' C u d x � H a � L 0 3 CL h O y C4 w° Q a u CL M V ( lF v, 0 N i 7 O R a U C N O ._ O f0 a �U .0 R m J N N M O CD F 0 41)0